AN EXTENSION OF THE LAW OF TORTS OR NOT?: A MULTI-JURISDICTIONAL APPROACH TO THE ADDITION OF A SPECIAL RULE ON VICARIOUS LIABILITY FOR SEXUAL ASSAULT.

The article discusses the proposed addition of a special rule on vicarious liability for sexual assault within the context of tort law, specifically through Section 5A of the Restatement (Third) of Torts. It highlights the prevalence of sexual assault in various professions, including law enforcement, education, and healthcare, and argues for a legal framework that allows victims to hold employers accountable for the actions of their employees when certain conditions are met. The proposed rule outlines four key elements: foreseeability of risk, the enabling power of the employee's position, the vulnerability of the victim, and the requirement that the assault occurs within the scope of employment. The article emphasizes that this rule aims to provide justice for victims and encourage employers to implement better policies to prevent such misconduct. [Extracted from the article]